USDA Civil Rights and Child Nutrition Programs

USDA Civil Rights Benefits of Child Nutrition Programs are made available to all eligible participants in a non-discriminatory manner. All sponsors must implement Civil Rights requirements

Discrimination is… Different treatment Makes distinction from others Either intentionally, by neglect or by the actions or lack of actions Based on the protected classes.

Protected Classes Race Color National origin  Age  Sex  Disability

Recognizing a Civil Rights Complaint A Complaint of unequal treatment may be submitted: ◦ Verbally ◦ In Writing Or it may be observed Observed

Discrimination Occurs: Discrimination Occurs: …when an individual or group of individuals are:  D elayed benefits or services  D enied benefits or services  Treated D ifferently than others to their disadvantage  Given D isparate Treatment The 4 “D”s

Complaint Procedure Plan Sponsors are required to develop and implement a written procedure to handle any discrimination complaint that may be received.

How Long Does Someone Have To File a Complaint? File a complaint within 180 days of the alleged discriminatory action.

Where Do They Send The Complaint? Person making complaint may choose to: Contact USDA directly or Contact ODE CNP directly, or Notify the sponsor of their complaint Sponsors must forward all discrimination complaints received regarding Child Nutrition to ODE within 3 working days

CR Complaint Procedure 1. CR Complaint Received by Sponsor 2. CR Complaint Documented In CR Complaint Log 3. Sponsor gives person making complaint a CR Complaint Form and/or Sponsor Completes CR Complaint Form with Complainant Make any reasonable accommodation for any disability ( e.g. not able to read or write) 1. If the CR Complaint Form is returned to Sponsor, Sponsor Forwards Complaint Form to ODE within 3 Working Days

Civil Rights Complaint Log Log must be dated and kept for 3 years + current year, even if no complaints have been received

CR Complaint Form CR Complaint Form readily available at all sites Sponsor must make every attempt to help complainant. Reasonable accommodation for complainant with disability If complainant returns CR Complaint Form to sponsor, it must be forwarded to ODE within 3 working days of receipt by sponsor

Nondiscrimination Statement – Long version In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discrimination on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC or call, toll free (866) (Voice). TDD users can contact USDA through local relay or the Federal Relay at (800) (TDD) or (866) (relay voice users). USDA is an equal opportunity provider and employer.

Nondiscrimination Statement - Short version “This institution is an equal opportunity provider”

The Non-discrimination Statement is Needed on Public Information Materials Mentioning the CACFP Enrollment Forms Menus Employee Handbooks Newsletters Brochures Parent Handbooks Print or broadcast advertisements Flyers Websites

“And Justice For All” Poster must be placed in a prominent area where participants and potential participants have ready access

Racial and Ethnic Data Collection It is optional for participants to provide Sponsors with Racial and Ethnic information. However, it is a requirement for Sponsors to collect Racial and Ethnic Data annually

Race and Ethnic Categories Data COLLECTION: Two-Step Format: - separate categories will be used when collecting and reporting Race and Ethnicity. Ethnicity will be collected first Racial designations second

Racial and Ethnic Data REPORTING Sponsor must collect and maintain data annually. ODE will check Racial and Ethnic data during Administrative Reviews Please do not send information to ODE, unless requested!

Racial Ethnic Annual Data Collection Form

Ethnicity:  Hispanic or Latino  Not Hispanic or Latino Ethnic Categories: Step One Select One

 American Indian or Alaskan Native  Asian  Black or African American  Native Hawaiian or Other Pacific Islander  White  Other Racial and Ethnic data may be collected on CIS or can be collected using a visual identification. Step Two Respondents can select one or more Racial designations:

Summary: Civil Rights “Must Do List?”  Offer any Child Nutrition Program in a Non- Discriminatory Manner  Train staff annually on Civil Rights and complete the training form.  Develop & fully implement sponsor’s CR Complaint Procedure  Make available to all staff CR complaint forms, CR Log and CR complaint procedure

Summary: Civil Rights “Must Do List?”  Prominently display the And Justice for All poster  Non-discrimination statement must be on all printed materials available to the public which mention USDA and/or Child Nutrition Program meals and snacks  Must offer meals to all participants